In terms of the martial assets, a child trust fund should not form part of the joint assets - it is for the benefit of the child. So this should be excluded form the marital pot.
However, in regards ***** ***** equal share of the assets, it does not matter who has contributed towards the bills/ mortgage for example, there is still a presumption f a starting point of a 50/50 split. There's no requirement for spouses to contribute equally.
Here are some further general pointers on joint assets:
1. With property purchased prior to marriage or assets acquired prior to marriage, the starting point is that these are EXCLUDED from the joint asset pot.
2. With property or assets acquired after the date of marriage, the starting point as that this is INCLUDED in the joint asset pot.
3. It does not matter who contributed what during the marriage, all assets acquired after the date of marriage are considered to be jointly owned regardless of who paid what. This means one party will still own half of the asset purchased after the date of marriage even if the other party paid for it all.
4. Claims on pensions should be limited to a share of the amount accrued in the fund during the length of the marriage, with marriages that are relatively short, but with a longer marriage pensions are more often shared.
5. If you both work now, there should not be claim for maintenance. In the case where one spouse earns significantly more than the other maintenance could be an issue.
6. The court can depart from the general principles if it is deemed fair to do so and the needs of the parties dictate that it is necessary to do so.
I hope that this assists.
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